Are you or a loved one facing a weapons possession charge in New York? If you’ve been arrested for a gun crime, don’t underestimate the severity of the charges. In New York, criminal possession of a weapon can be charged as either a felony or a misdemeanor. Working with an experienced NYC weapons attorney is the only way to maximize your chances of keeping your freedom, reputation, and assets.
New York Guns Laws: Types of Firearms Crimes in New York
New York, like many other states, has a zero-tolerance approach to anyone who unlawfully possesses or uses a gun.
If you’ve been charged with any of the following firearms crime attorney Gilbert C. Parris has the experience to help you get the best outcome for your case.
- Criminal Possession of a firearm
- Criminal sale of a firearm
- Criminal possession of a weapon
- on school grounds.
- Criminal sale of a firearm with the aid of a minor.
- Unlawful possession of weapons
- By a person under 16.
- Criminal sale of a firearm to a minor.
- Criminal possession of a dangerous weapon.
- Criminal purchase or disposal of a firearm.
A firearm is defined in New York (N.Y. P.L. 265.00(3):
- Any pistol or revolver (weapons commonly known as handguns)
- A shotgun having one or more barrels less than 18 inches in length
- A rifle having one or more barrels less than 16 inches in length
- Any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than 26 inches
- An assault weapon.
Criminal Possession of a Weapon in an individual’s home or place of business under N.Y. P.L. 265.03 is a Class C felony. A Class C felony is punishable upon conviction by a sentence of:
- 3-and-a-half-year minimum prison sentence and a 15-year maximum
In order to be found guilty of a felony possession charge of a firearm, a judge or jury must find that the defendant, beyond a reasonable doubt, committed the following:
- Possessed a firearm on or about a specific date and location
- Knowingly possessed a firearm
- The firearm was functional
Police will sometimes charge everyone in a car or a room with a gun found in that room even though all of the evidence points to that gun only belongs to one person. It is important to aggressively attack this type of charge at the beginning of a case and prevent such charges from going too far.
New York Gun Crime Defense
If you’ve been arrested or charged with a gun crime in New York, you CAN have a favorable outcome. The prosecution is required to plead and prove all of the elements of the specific offense you’ve been charged with. A good NYC weapons criminal attorney will be able to attack and weaken their argument poking holes in their case and creating reasonable doubt. It’s important you work with an attorney that understands the nature of firearms charges and how prosecutors try to make their case.
New York Firearms Crime Defense Attorney Gilbert C. Parris
Criminal defense lawyer Gilbert C. Parris has been practicing criminal law for over 20 years. He spent years on the other side working as a State Prosecutor in Kings County, NY. He leverages his unique experience on both sides of the courtroom to build strong defense strategies for every client. Mr. Parris can help you or your loved one with all aspects of a firearms crime and give you the best chance for a favorable outcome.